Worker struck by reversing telehandler leads to death

Employers’ liability insurance holders have been prosecuted for an incident which led to the death of a 51 year old worker.

Construction firm, James Swinton Co Ltd has been investigated by the health and safety executive (HSE) when a worker was struck by a telehandler that was being driven by a co-worker.

The company was carrying out refurbishment work in a one-way-street. Request for a road closure was not carried forward and residents’ cars were still parked in the street.

The telehandler driver was reversing his vehicle up the street the wrong way when it mounted the pavement and struck worker, Charles Wilkinson. Mr Wilkinson was taken to hospital with injuries to his pelvis, spine and ribs.

Unfortunately the 51 year old worker died four weeks later as a result of a blood clot. A Home Office pathologist later determined the clot was caused by the incident.

At Newcastle Crown Court, James Swinton Co Ltd had pleaded guilty to a breach of the Health and Safety at Work etc Act 1974 and was fined £10,000 and ordered to pay £4,063 costs.

HSE Inspector, Dr Dave Shallow said:

“This was a tragic accident that could and should have been avoided.”

“Site transport activities should be managed to minimise as far as possible the need for reversing. But where it is necessary to reverse, site managers should ensure that it is done in a safe and controlled manner, using a banksman, reversing aids on the vehicles and segregation of pedestrians and vehicles.”

The HSE claims that the company could have asked the District Council for a road closure which, along with the removal of residents' vehicles, would have allowed safer movement of construction plant and vehicles. Conversely, constructaquote.com advises that high risk companies fully protect themselves with the purchasing of employers liability insurance.